Full Text of SB1947 96th General Assembly
SB1947sam001 96TH GENERAL ASSEMBLY
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Sen. Jacqueline Y. Collins
Filed: 3/26/2009
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| AMENDMENT TO SENATE BILL 1947
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| AMENDMENT NO. ______. Amend Senate Bill 1947 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Lincoln Act. | 6 |
| Section 1.5. Definitions. As used in this Act: | 7 |
| (1) "Board" means the State Board of Elections. | 8 |
| (2) "Fund" means the Citizens' Election Fund established in | 9 |
| Section 2 of this Act. | 10 |
| (3) "Depository account" means the single checking account | 11 |
| at the depository institution designated as the depository for | 12 |
| permitted contributions from natural persons and funds | 13 |
| received from the Citizens' Election Fund. | 14 |
| (4) "Immediate family", when used with reference to a | 15 |
| candidate, includes the candidate's spouse, parents, and | 16 |
| dependent children. |
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| (5) "Personal funds" means funds contributed by a candidate | 2 |
| or a member of a candidate's immediate family. | 3 |
| (6) "Natural person" means any one human being. | 4 |
| (7) "General election cycle" means that period beginning | 5 |
| with the day after the general primary and concluding the | 6 |
| December 31 after the general election. | 7 |
| (8) " General primary election cycle" means that period | 8 |
| beginning with January 1 of the year after the general election | 9 |
| and leading up to the first Tuesday in February. | 10 |
| (9) "Contested general primary election" and "contested | 11 |
| general election" mean a primary or a general election in which | 12 |
| 2 or more candidates are certified to have their names printed | 13 |
| on the ballot by the Board. | 14 |
| (10) "Uncontested general primary election" and | 15 |
| "uncontested general election" means a primary or a general | 16 |
| election in which only one candidate has been certified to have | 17 |
| his or her name printed on the ballot by the Board. If a | 18 |
| candidate for nomination or election has an opponent who is | 19 |
| exempted from filing a disclosure with the Board, as specified | 20 |
| by the Illinois Campaign Disclosure Act, that race shall also | 21 |
| be considered uncontested. | 22 |
| (11) "Candidate" means a qualified candidate for any of the | 23 |
| following offices: | 24 |
| (i) Governor; | 25 |
| (ii) Lieutenant Governor; | 26 |
| (iii) Attorney General; |
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| (iv) Secretary of State; | 2 |
| (v) Comptroller; | 3 |
| (vi) Treasurer; | 4 |
| (vii) State Senator; or | 5 |
| (viii) State Representative. | 6 |
| (12) "Qualified candidate" means any individual who seeks | 7 |
| nomination to public office through a political party or | 8 |
| election to a public office as a candidate of a political party | 9 |
| or as an independent candidate for public office. A person is | 10 |
| considered a candidate only if he or she takes the actions | 11 |
| necessary as required by the Election Code to qualify as a | 12 |
| candidate for public office and is certified by the State Board | 13 |
| of Elections to have his or her name placed on a ballot for | 14 |
| election. | 15 |
| (13) "Clean election candidate" means a "qualified | 16 |
| candidate" for public office who participates in the Citizens' | 17 |
| Election Program. | 18 |
| (14) "Non-participating candidate" means a "qualified | 19 |
| candidate" for public office who opts out or is disqualified | 20 |
| from the Citizens' Election Program. | 21 |
| (15) "Qualifying report" is a list of all qualifying | 22 |
| contributors and the dates and amounts of each of their | 23 |
| contributions. Candidates may list more contributions on their | 24 |
| qualifying report than are necessary to establish eligibility | 25 |
| for receipt of an initial public financing benefit. Any | 26 |
| contributors listed on a qualifying report over and above the |
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| minimum number necessary to establish eligibility shall be | 2 |
| deemed for the purpose of matching funds. | 3 |
| (16) "Primary election campaign period" means the period | 4 |
| beginning 30 days after the last day prescribed by law for | 5 |
| filing nomination papers and ending on the day of the general | 6 |
| primary election. | 7 |
| (17) "Public financing qualifying period" means, for | 8 |
| candidates seeking the nomination of an established party in a | 9 |
| general primary election, the period beginning on the first day | 10 |
| of July of an odd-numbered year and ending on the day before | 11 |
| the beginning of the primary election campaign period. For all | 12 |
| other candidates, the period beginning on the first day of July | 13 |
| in an odd-numbered year and ending 7 days after the last date | 14 |
| for nomination of candidates as set forth in Section 10-6 of | 15 |
| the Election Code. | 16 |
| Section 2. Citizens' Election Fund. The Citizens' Election | 17 |
| Fund is created as a special fund. The fund may contain any | 18 |
| moneys required by law to be deposited into the fund. The State | 19 |
| Comptroller shall administer the fund. Any balance remaining in | 20 |
| the fund at the end of any fiscal year shall be carried forward | 21 |
| in the fund for the next fiscal year. All moneys deposited into | 22 |
| the fund shall be used for the purposes of this Act, including | 23 |
| but not limited to ensuring compliance with this Act and | 24 |
| promoting the income tax checkoff. |
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| Section 3. Program established.
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| (a) There is established a Citizens' Election Program under | 3 |
| which the candidate for nomination to the office of Governor, | 4 |
| Lieutenant Governor, Attorney General, State Comptroller, | 5 |
| Secretary of State, State Treasurer, State Senator, or State | 6 |
| Representative may receive a grant from the Citizens' Election | 7 |
| Fund for the candidate's primary campaign for that nomination. | 8 |
| (b) Any such candidate committee is eligible to receive | 9 |
| such grants for a general primary campaign, if applicable, and | 10 |
| a general election campaign if (1) the candidate certifies as a | 11 |
| clean election candidate under Section 4, (2) the candidate's | 12 |
| committee receives the required amount of qualifying | 13 |
| contributions under Section 5, (3) the candidate's committee | 14 |
| returns all contributions that do not meet the criteria for | 15 |
| qualifying contributions under Section 5 to the Citizens' | 16 |
| Election Fund, and (4) the candidate submits an application and | 17 |
| the Board approves the application in accordance with the | 18 |
| provisions of Sections 7 and 8. | 19 |
| Section 4. Participation. | 20 |
| (a) In order to participate in the Citizens' Election | 21 |
| Program, candidates for nomination or election to the office of | 22 |
| Governor, Lieutenant Governor, Attorney General, State | 23 |
| Comptroller, Secretary of State, State Treasurer, State | 24 |
| Senator, or State Representative shall file an affidavit with | 25 |
| the Board. The affidavit shall include written certifications |
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| (1) that the candidate is determined to abide by contribution | 2 |
| restrictions under the Citizens' Election Program set forth in | 3 |
| this Act during both the general primary and general election; | 4 |
| (2) that the campaign treasurer of the candidate committee for | 5 |
| that candidate shall expend any moneys received from the | 6 |
| Citizens' Election Fund in accordance with rules adopted by the | 7 |
| Board; (3) that the candidate shall repay to the fund moneys up | 8 |
| to the amount of the grant plus matching funds received from | 9 |
| the Citizens' Election Fund remaining in the candidate's | 10 |
| depository account; and (4) stating if the candidate shall be | 11 |
| referred to as an established party or new party candidate and | 12 |
| the name of such party. A candidate for nomination or election | 13 |
| to any such office shall file such affidavit during the | 14 |
| specified public financing qualifying period. | 15 |
| (b) A candidate who so certifies his or her intent to abide | 16 |
| by the contribution restrictions under the Citizens' Election | 17 |
| Program set forth in this Act shall be referred to as a "clean | 18 |
| election candidate". | 19 |
| (c) In addition to reports required to be filed under the | 20 |
| Election Code, a candidate who receives a public financing | 21 |
| benefit must furnish complete financial records, including | 22 |
| receipts and expenditures, on the last day of each month. | 23 |
| (d) A clean election candidate may withdraw from | 24 |
| participation in the Citizens' Election Program before | 25 |
| applying for an initial grant under Section 7 of this Act, by | 26 |
| filing an affidavit with the Board, which includes a written |
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| certification of such withdrawal. A candidate who files such an | 2 |
| affidavit shall be deemed to be a non-participating candidate | 3 |
| for the purposes of Sections 1 to 17, inclusive, of this Act | 4 |
| and shall not be penalized for such withdrawal. No clean | 5 |
| election candidate shall withdraw from participation in the | 6 |
| Citizens' Election Program after applying for an initial grant | 7 |
| under Section 7 of this Act. | 8 |
| (e) The campaign treasurer must submit reporting slips and | 9 |
| an amount equal to the sum of the contributions collected to | 10 |
| the Board throughout the general primary and general election | 11 |
| cycles. The 3-part reporting slip, as defined in this | 12 |
| subsection, shall include the printed name, registration | 13 |
| address, and signature of the contributor, the name of the | 14 |
| candidate for whom the contribution is made, the date, and the | 15 |
| printed name and signature of the solicitor. If a contribution | 16 |
| is received unsolicited, the candidate or contributor or | 17 |
| campaign treasurer may sign the contribution form as the | 18 |
| solicitor. Nothing in this Act shall prohibit the use of direct | 19 |
| mail or the Internet to obtain contributions. A copy of the | 20 |
| reporting slip shall be given as a receipt to the contributor, | 21 |
| and the candidate's campaign committee shall retain a copy. The | 22 |
| candidate must comply with this Act and ensure that the | 23 |
| original slip is tendered to the Board, a copy remains with the | 24 |
| candidate, and a copy is given to the contributor. Reporting | 25 |
| lists shall be received by the campaign treasurer not later | 26 |
| than 24 hours immediately preceding each required filing date. |
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| (f) A clean election candidate shall only be permitted to | 2 |
| use money received from the Citizens' Election Fund for | 3 |
| purposes of nomination or election. | 4 |
| Section 5. Qualifying contributors. | 5 |
| (a) The number of qualifying contributors that the | 6 |
| candidate committee of a candidate shall be required to receive | 7 |
| during the public financing qualifying period in order to be | 8 |
| eligible for grants from the Citizens' Election Fund shall be: | 9 |
| (1) In the case of a candidate for nomination or | 10 |
| election to the office of Governor, Lieutenant Governor, | 11 |
| Attorney General, State Comptroller, State Treasurer, or | 12 |
| Secretary of State, contributions from 3,500 natural | 13 |
| persons, of which 90% must reside in the State, must be | 14 |
| received by that candidate in order to qualify for the | 15 |
| Citizens' Election Program. The provisions of this | 16 |
| subsection shall be subject to the following: (A) the | 17 |
| candidate committee shall return the portion of any | 18 |
| contribution or contributions from any natural person, | 19 |
| including the candidate, that exceeds $500 and such excess | 20 |
| portion shall not be considered in calculating the | 21 |
| aggregate contribution amount under this subsection, and
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| (B) all contributions received by an exploratory committee | 23 |
| established by the candidate that meet the criteria for | 24 |
| qualifying contributors under this Section shall be | 25 |
| considered in tallying contributors; and |
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| (2) In the case of a candidate for nomination or | 2 |
| election to the office of State Senator for a district, | 3 |
| contributions from 1,000 natural persons, of which 90% must | 4 |
| reside in the State, must be received by the candidate in | 5 |
| order to qualify for the Citizens' Election Program. The | 6 |
| provisions of this subsection shall be subject to the | 7 |
| following: (A) the candidate committee shall return the | 8 |
| portion of any contribution or contributions from any | 9 |
| natural person that exceeds $500, and such excess portion | 10 |
| shall not be considered in calculating the aggregate | 11 |
| contribution amount under this subsection, and (B) all | 12 |
| contributions received by an exploratory committee | 13 |
| established by the candidate that meet the criteria for | 14 |
| qualifying contributors to candidate committees under this | 15 |
| Section shall be considered in tallying contributors. | 16 |
| (3) In the case of a candidate for nomination or | 17 |
| election to the office of State Representative for a | 18 |
| district, contributions from 500 natural persons, of which | 19 |
| 90% must reside in the State, must be received by the | 20 |
| candidate in order to qualify for the Citizens' Election | 21 |
| Program. The provisions of this subsection shall be subject | 22 |
| to the following: (A) the candidate committee shall return | 23 |
| the portion of any contribution or contributions from any | 24 |
| natural person that exceeds $500, and such excess portion | 25 |
| shall not be considered in calculating the aggregate | 26 |
| contribution amount under this subsection, and (B) all |
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| contributions received by an exploratory committee | 2 |
| established by the candidate that meet the criteria for | 3 |
| qualifying contributors to candidate committees under this | 4 |
| Section shall be considered in tallying contributors. | 5 |
| (4) The following shall not be deemed to be qualifying | 6 |
| contributions under subsection (a) of this Section and | 7 |
| shall be returned by the campaign treasurer of the | 8 |
| candidate committee to the Citizens' Election Fund: (A) a | 9 |
| contribution of $5 or more from a natural person who does | 10 |
| not provide the full name and complete address of the | 11 |
| person; and (B) a contribution from a person who does not | 12 |
| reside in the State, in excess of the applicable limit on | 13 |
| contributions from out-of-state natural persons in | 14 |
| subsection (a) of this Section. | 15 |
| (b) Contributions received by clean election candidates | 16 |
| over the set qualifying number of contributors specified in | 17 |
| subsection (a) would count towards the match defined in Section | 18 |
| 12 of this Act. | 19 |
| (c) A candidate or a person, who later becomes a candidate, | 20 |
| or an agent of that candidate, may not assist another person in | 21 |
| qualifying as a candidate for the same office if such a | 22 |
| candidacy would result in a greater distribution of funds from | 23 |
| the Citizens' Election Fund in a contested election, as | 24 |
| specified under Section 8 of this Act. | 25 |
| Section 6. Agreement by candidate. An eligible candidate |
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| who accepts funds from the Citizens' Election Fund during the | 2 |
| primary election campaign period must agree to comply with all | 3 |
| requirements of this Act throughout the general election cycle | 4 |
| as a precondition to receipt of public funds. An eligible | 5 |
| candidate who accepts a public financing benefit during a | 6 |
| primary election campaign period may not elect to accept | 7 |
| private contributions in violation of this Act during the | 8 |
| corresponding general election cycle. | 9 |
| Section 7. Application for grants. | 10 |
| (a) The application shall include a qualifying report, | 11 |
| which demonstrates that the candidate committee has received | 12 |
| contributions from the required number of contributors, and a | 13 |
| written certification that; | 14 |
| (1) The candidate committee has repaid all moneys | 15 |
| borrowed on behalf of the campaign, as required by | 16 |
| subsection (b) of Section 11 of this Act; | 17 |
| (2) The candidate committee has returned any | 18 |
| contribution of $5 or more from a natural person who does | 19 |
| not include the person's name and address with the | 20 |
| contribution; | 21 |
| (3) The candidate committee has returned all | 22 |
| contributions or portions of contributions that do not meet | 23 |
| the criteria for qualifying contributions under Section 5 | 24 |
| of this Act and returned all excess qualifying | 25 |
| contributions to the Citizens' Election Fund. That |
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| contribution shall not count toward the maximum amount that | 2 |
| a contributor may contribute. | 3 |
| (4) The campaign treasurer of the candidate committee | 4 |
| will comply with the provisions of Sections 1 to 17, | 5 |
| inclusive, of this Act; | 6 |
| (5) All moneys received from natural persons and the | 7 |
| Citizens' Election Fund will be deposited upon receipt into | 8 |
| the depository account of the candidate committee; | 9 |
| (6) The campaign treasurer of the candidate committee | 10 |
| will expend all moneys received from the fund in accordance | 11 |
| with the general statutes and rules adopted by the Board; | 12 |
| and | 13 |
| (7) If the candidate withdraws from the campaign, | 14 |
| becomes ineligible, or dies during the campaign, the | 15 |
| candidate committee of the candidate will return to the | 16 |
| Board, for deposit in the fund, all moneys received from | 17 |
| the fund, which that candidate committee has not spent or | 18 |
| encumbered as of the date of such occurrence. | 19 |
| (b) Conditions. | 20 |
| (1) A clean election candidate for nomination to the | 21 |
| office of Governor, Attorney General, State Comptroller, | 22 |
| Secretary of State, State Treasurer, State Senator, or | 23 |
| State Representative may apply to the Board for a grant | 24 |
| from the Citizens' Election Fund for a general election | 25 |
| campaign: | 26 |
| (A) After any primary held by such party for |
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| nomination for that office, if the Board certifies that | 2 |
| the candidate is the party nominee; | 3 |
| (B) In the case of an independent candidate, after | 4 |
| approval by the Board of such candidate's nominating | 5 |
| petition. | 6 |
| (2) Notwithstanding the provisions of paragraph (1) of | 7 |
| this subsection, no clean election candidate for | 8 |
| nomination or election who changes the candidate's status | 9 |
| as an established party or independent candidate or becomes | 10 |
| a candidate of a different party, after filing the | 11 |
| affidavit required under Section 4 of this Act, shall be | 12 |
| eligible to apply for a grant under the Citizens' Election | 13 |
| Program for such candidate's general primary campaign for | 14 |
| such nomination or general election campaign for such | 15 |
| election. | 16 |
| (c) The application shall be accompanied by a report of | 17 |
| expenditures made and expenses incurred but not yet paid by the | 18 |
| candidate committee as of 3 days before the date that the | 19 |
| application is signed. The candidate and the campaign treasurer | 20 |
| of the candidate committee shall swear to such accounting under | 21 |
| penalty of perjury. The Board shall prescribe the form of the | 22 |
| application and the cumulative itemized accounting. Both the | 23 |
| candidate and the campaign treasurer of the candidate committee | 24 |
| shall sign the application. | 25 |
| (d) Not later than 3 business days following receipt of any | 26 |
| such application, the Board shall review the application, |
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| determine whether (1) the candidate committee for the applicant | 2 |
| has received contributions from the required number of | 3 |
| contributors, (2) in the case of an application for a grant | 4 |
| from the fund for a general election campaign, the applicant | 5 |
| has met the applicable condition under subsection (b) of this | 6 |
| Section for applying for such grant and complied with the | 7 |
| provisions of subsections (a) and (c) of this Section, (3) in | 8 |
| the case of an application for a grant from the fund for a | 9 |
| general election campaign, the applicant has met the applicable | 10 |
| condition under subsection (a) of this Section for applying for | 11 |
| such moneys and complied with the provisions of subsection (c) | 12 |
| of this Section, and (4) in the case of an application by an | 13 |
| independent candidate for a grant from the fund for a general | 14 |
| election campaign, the applicant qualifies as an eligible | 15 |
| independent candidate. If the Board approves an application, | 16 |
| the Board shall determine the amount of the grant payable to | 17 |
| the candidate committee for the applicant pursuant to Section 8 | 18 |
| of this Act from the fund, and notify the State Comptroller and | 19 |
| the candidate of such candidate committee, of such amount. As | 20 |
| soon as practical, but in no event longer than 7 business days | 21 |
| following notification by the Board, the State Comptroller | 22 |
| shall draw an order for payment of such amount to the qualified | 23 |
| candidate committee from the fund. | 24 |
| (e) If a nominated clean election candidate dies, withdraws | 25 |
| the candidate's candidacy, or becomes disqualified to hold the | 26 |
| office for which the candidate has been nominated after the |
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| Board approves the candidate's application for a grant under | 2 |
| this Section, the candidate committee of the candidate who is | 3 |
| nominated to replace that candidate shall be eligible to | 4 |
| receive grants from the fund without complying with the | 5 |
| provisions of Section 5 of this Act, if that replacement | 6 |
| candidate files an affidavit under Section 4 of this Act | 7 |
| certifying the candidate's intent to abide by the contribution | 8 |
| limits set forth in this Act and notifies the Board on a form | 9 |
| prescribed by the Board. | 10 |
| Section 8. Grants.
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| (a) Governor. | 12 |
| (1) The clean election candidate committee of a | 13 |
| candidate for the office of Governor who has a general | 14 |
| primary for nomination to that office shall be eligible to | 15 |
| receive a grant from the Citizens' Election Fund for the | 16 |
| primary campaign in the amount of $1,250,000, that amount | 17 |
| to be adjusted under subsection (e) of this Section. | 18 |
| (2) If the clean election candidate for the office of | 19 |
| Governor has an uncontested general primary election, the | 20 |
| amount of the general primary election grant for which the | 21 |
| clean election candidate committee for that candidate | 22 |
| shall be eligible to receive is $375,000; that amount shall | 23 |
| be adjusted under subsection (e) of this Section. | 24 |
| (3) The clean election candidate committee for the | 25 |
| office of Governor who has been nominated shall be eligible |
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| to receive a grant from the fund for the general election | 2 |
| campaign in the amount of $3,000,000, that amount to be | 3 |
| adjusted under subsection (e) of this Section. | 4 |
| (b) Other statewide offices. | 5 |
| (1) The clean election candidate committee for the | 6 |
| office of Lieutenant Governor, Attorney General, State | 7 |
| Comptroller, Secretary of State or State Treasurer who has | 8 |
| a general primary election for nomination to that office | 9 |
| shall be eligible to receive a grant from the Citizens' | 10 |
| Election Fund for the primary campaign in the amount of | 11 |
| $425,000; that amount shall be adjusted under subsection | 12 |
| (e) of this Section. | 13 |
| (2) If the clean election candidate for the office of | 14 |
| Lieutenant Governor, Attorney General, State Comptroller, | 15 |
| Secretary of State, or State Treasurer has an uncontested | 16 |
| general primary election the amount of the general primary | 17 |
| election grant for which the clean election candidate | 18 |
| committee for that candidate shall be eligible to receive | 19 |
| $375,000; that amount shall be adjusted under subsection | 20 |
| (e) of this Section. | 21 |
| (3) The clean election candidate committee for the | 22 |
| office of Attorney General, State Comptroller, Secretary | 23 |
| of State, or State Treasurer who has been nominated shall | 24 |
| be eligible to receive a grant from the fund for the | 25 |
| general election campaign in the amount of $1,000,000; that | 26 |
| amount shall be adjusted under subsection (e) of this |
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| Section. | 2 |
| (c) State Senator. | 3 |
| (1) The clean election candidate committee of a | 4 |
| candidate for the office of State Senator who has a general | 5 |
| primary election for nomination to that office shall be | 6 |
| eligible to receive a grant from the Citizens' Election | 7 |
| Fund for the primary campaign in the amount of $300,000, | 8 |
| provided if the vote totals of one established party | 9 |
| candidate for Governor from the previous gubernatorial | 10 |
| general election in the district served by that office | 11 |
| exceeds any other established party's vote totals by at | 12 |
| least 20%, the candidate from such party shall receive a | 13 |
| grant of $400,000; these amounts shall be adjusted under | 14 |
| subsection (e) of this Section. | 15 |
| (2) If the clean election candidate for the office of | 16 |
| State Senator has an uncontested general primary election, | 17 |
| the amount of the general primary grant for which the | 18 |
| qualified candidate committee for that candidate shall be | 19 |
| eligible to receive is $50,000;that amount shall be | 20 |
| adjusted under subsection (e) of this Section. | 21 |
| (3) The clean election candidate committee for the | 22 |
| office of State Senator who has been nominated shall be | 23 |
| eligible to receive a grant from the fund for a contested | 24 |
| general election campaign in the amount of $300,000; that | 25 |
| amount shall be adjusted under subsection (e) of this | 26 |
| Section. |
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| (d) State Representative. | 2 |
| (1) The clean election candidate committee of a | 3 |
| candidate for the office of State Representative who has a | 4 |
| general primary election for nomination to that office | 5 |
| shall be eligible to receive a grant from the Citizens' | 6 |
| Election Fund for the primary campaign in the amount of | 7 |
| $150,000, provided if the vote totals of one established | 8 |
| party candidate for Governor from the previous general | 9 |
| gubernatorial election in the district served by that | 10 |
| office exceeds any other established party's vote totals by | 11 |
| at least 20%, the candidate from such party shall receive a | 12 |
| grant of $200,000; these amounts shall be adjusted under | 13 |
| subsection (e) of this Section. | 14 |
| (2) If the clean election candidate for the office of | 15 |
| State Representative has an uncontested general primary | 16 |
| election, the amount of the general primary grant for which | 17 |
| the clean election candidate committee for that candidate | 18 |
| shall be eligible to receive is $25,000; that amount shall | 19 |
| be adjusted under subsection (e) of this Section. | 20 |
| (3) The clean election candidate committee for the | 21 |
| office of State Representative who has been nominated shall | 22 |
| be eligible to receive a grant from the fund for a | 23 |
| contested general election campaign in the amount of | 24 |
| $150,000; that amount shall be adjusted under subsection | 25 |
| (e) of this Section. | 26 |
| (e) Beginning on January 1, 2013 and every 2 years |
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| 1 |
| thereafter, the Board shall modify the public financing | 2 |
| benefits provided for in Section 8 to adjust for the change in | 3 |
| the Consumer Price Index, All Items, U. S. City Average, | 4 |
| published by the United States Department of Labor for the | 5 |
| preceding 2-year period ending on December 31. | 6 |
| (f) An independent candidate for the office of Governor, | 7 |
| Lieutenant Governor, Attorney General, Secretary of State, | 8 |
| Comptroller, Treasurer, State Senator, or State Representative | 9 |
| who is not seeking the nomination of an established party, | 10 |
| after having received approval by the Board of such candidate's | 11 |
| nominating petition and qualifying contributors, shall be | 12 |
| eligible to receive a grant from the fund in the amount of | 13 |
| three-quarters of the grant allocated to candidates for that | 14 |
| office in an uncontested general primary election during the | 15 |
| primary election campaign period. | 16 |
| (g) Increase in the grants under special circumstances. | 17 |
| (1) If the opposing, non-participating candidate's | 18 |
| excess expenditures with respect to a clean election | 19 |
| candidate for nomination or election exceeds the threshold | 20 |
| amount, the initial grant for both the general primary and | 21 |
| general election under this Section shall be increased in | 22 |
| accordance with the formula in paragraph (3). As used in | 23 |
| this subsection, "excess expenditure" means an expenditure | 24 |
| made, or obligated to be made, by a nonparticipating | 25 |
| candidate who is opposed by one or more clean election | 26 |
| candidates in a primary campaign or a general election |
|
|
|
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| 1 |
| campaign, which is in excess of the amount of the | 2 |
| applicable grant for the clean election candidates for the | 3 |
| campaign authorized under Section 8 of this Act.
| 4 |
| (2) Threshold amount. | 5 |
| (A) In this subsection, the threshold amount with | 6 |
| respect to an election period of a candidate described | 7 |
| in paragraph (3) is an amount equal to the sum of: | 8 |
| (i) $100,000; and
| 9 |
| (ii) $0.04 multiplied by the voting age | 10 |
| population of the district in which the candidates | 11 |
| are seeking office. | 12 |
| (B) For the purpose of subparagraph (g) (2) (A), | 13 |
| the term "voting age population" means the number of | 14 |
| adults over the age of 18 found residing in every | 15 |
| county in the district or circuit by the U.S. Census | 16 |
| Bureau at the last preceding decennial census. | 17 |
| (3) If the opposing candidate's personal funds amount | 18 |
| is over: | 19 |
| (A) 2 times the threshold amount, but not over 4 | 20 |
| times the amount, then the match, as specified under | 21 |
| subsection (d) of Section 12 of this Act, shall be | 22 |
| increased to a 4-to-1 match and the maximum amount of | 23 |
| matching funds allocated, as specified under | 24 |
| subsection (e) of Section 12 of this Act, shall be | 25 |
| multiplied by 1.25. | 26 |
| (B) 4 times the threshold amount, but not over 10 |
|
|
|
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| times the amount, then the match, as specified under | 2 |
| subsection (d) of Section 12 of this Act, shall be | 3 |
| increased to a 5-to-1 match and the maximum amount of | 4 |
| matching funds allocated, as specified under | 5 |
| subsection (e) of Section 12 of this Act, shall be | 6 |
| multiplied by 1.5.
| 7 |
| (C) 10 times the threshold amount, then the match, | 8 |
| as specified under subsection (d) of Section 12 of this | 9 |
| Act, shall be increased to a 6-to-1 match and the | 10 |
| maximum amount of matching funds allocated, as | 11 |
| specified under subsection (e) of Section 12 of this | 12 |
| Act, shall be multiplied by 2. | 13 |
| (4) If a court of competent jurisdiction prohibits or | 14 |
| limits any provision of subsection (g) as | 15 |
| unconstitutional, the provision within subsection (g) | 16 |
| shall be inoperative.
| 17 |
| (h) Notwithstanding the provisions of subsections (a) to | 18 |
| (g), inclusive, of this Section: | 19 |
| (1) The initial grant that a clean election candidate | 20 |
| committee for a candidate is eligible to receive under | 21 |
| subsections (a) to (g), inclusive, of this Section shall be | 22 |
| reduced by the amount of any personal funds that the | 23 |
| candidate provides for the candidate's campaign for | 24 |
| nomination or election pursuant to subsection (c) of | 25 |
| Section 11 of this Act. | 26 |
| (2) If a clean election candidate is nominated at a |
|
|
|
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| general primary election and does not expend the entire | 2 |
| grant for the primary campaign authorized under subsection | 3 |
| (a), (b), (c), or (d) of this Section or all moneys that | 4 |
| may be received for the general primary campaign under | 5 |
| Section 12 of this Act, the amount of the grant for the | 6 |
| general election campaign shall be reduced by the total | 7 |
| amount of any such unexpended primary campaign grant and | 8 |
| moneys. | 9 |
| (3) If a clean election candidate has an uncontested | 10 |
| general election campaign, the candidate shall be eligible | 11 |
| to receive 30% of the applicable general election grant set | 12 |
| forth in subsections (a) to (d), inclusive. | 13 |
| Section 9. Depository accounts. The deposit of moneys from | 14 |
| the Citizens' Election Fund shall be transferred into the | 15 |
| depository account of a qualified candidate committee, no | 16 |
| contribution, loan, amount of the candidate's own moneys, or | 17 |
| any other moneys received by the candidate or the campaign | 18 |
| treasurer on behalf of the committee shall be deposited into | 19 |
| that depository account, except (1) grants from the fund, (2) | 20 |
| any additional moneys from the fund as provided in Section 12 | 21 |
| of this Act, and (3) contributions from natural persons under | 22 |
| $500. | 23 |
| Section 10. General election campaign grants. A qualified | 24 |
| candidate committee that received moneys from the Citizens' |
|
|
|
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| Election Fund for a general primary campaign and whose | 2 |
| candidate is the party nominee shall receive a grant from the | 3 |
| fund for a general election campaign. Upon receiving | 4 |
| verification from the Board of the results of the votes cast at | 5 |
| the primary, the Board shall notify the State Comptroller of | 6 |
| the amount payable to such qualified candidate committee | 7 |
| pursuant to Section 7 of this Act. As soon as is practical, but | 8 |
| in no event longer than 7 business days following notification | 9 |
| by the Board, the State Comptroller shall draw an order for | 10 |
| payment of the general election campaign grant to that | 11 |
| committee from that fund. | 12 |
| Section 11. Loans; personal funds; debt.
| 13 |
| (a) The candidate committee for a candidate who intends to | 14 |
| participate in the Citizens' Election Program may borrow moneys | 15 |
| on behalf of a campaign for a general primary or a general | 16 |
| election from one or more financial institutions. The amount | 17 |
| borrowed shall not constitute a qualifying contribution under | 18 |
| Section 5 of this Act. | 19 |
| (b) All such loans shall be repaid in full prior to the | 20 |
| date such candidate committee applies for a grant from the | 21 |
| Citizens' Election Fund pursuant to Section 7 of this Act. A | 22 |
| candidate who fails to repay such loans or fails to certify | 23 |
| such repayment to the Board shall not be eligible to receive | 24 |
| and shall not receive grants from the fund. | 25 |
| (c) A candidate who intends to participate in the Citizens' |
|
|
|
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| Election Program may provide personal funds for such | 2 |
| candidate's campaign for nomination or election in an amount | 3 |
| not exceeding the following: (1) for a candidate for the office | 4 |
| of Governor, $20,000; (2) for a candidate for the office of | 5 |
| Lieutenant Governor, Attorney General, State Comptroller, | 6 |
| State Treasurer, Secretary of the State, $10,000; (3) for a | 7 |
| candidate for the office of State Senator, $2,000; or (4) for a | 8 |
| candidate for the office of State Representative, $1,000: | 9 |
| (1) Such personal funds shall not constitute a | 10 |
| qualifying contribution under Section 5 of this Act. | 11 |
| (2) The initial grant that a qualified candidate | 12 |
| committee for a candidate is eligible to receive under | 13 |
| Section 8 of this Act shall be reduced by the amount of any | 14 |
| personal funds that the candidate provides for the | 15 |
| candidate's campaign for nomination or election. | 16 |
| (d) A candidate shall not incur obligations beyond funds | 17 |
| raised or received in accordance with this Act. | 18 |
| Section 12. Matching funds. | 19 |
| (a) Clean election candidates shall qualify to receive | 20 |
| matching funds from the Citizens’ Election Fund for | 21 |
| contributions received from natural persons, following receipt | 22 |
| of initial Citizens' Election Fund grants during both the | 23 |
| primary and general election cycles. | 24 |
| (b) Clean election candidates shall receive a match from | 25 |
| the Citizens' Election Fund on the portion of any given |
|
|
|
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| contribution up to $100 from a natural person, 90% of whom must | 2 |
| reside in Illinois. | 3 |
| (c) Clean election candidates shall disclose to the Board | 4 |
| individual contributions received following receipt of | 5 |
| Citizens' Election Fund grants during both the primary and | 6 |
| general elections, on a schedule to be adopted by rule. | 7 |
| (d) The Board shall direct the State Comptroller to | 8 |
| allocate moneys from the Citizens' Election Fund to clean | 9 |
| election candidates who have continued to receive | 10 |
| contributions following the receipt of initial Citizens' | 11 |
| Election Fund grants. The matching funds from the Citizens' | 12 |
| Election Fund shall be allocated based upon a 3-to-1 match. | 13 |
| (e) Candidates may receive up to 2 times the grant received | 14 |
| from the Citizens' Election Fund during both the general | 15 |
| primary and general election cycle. | 16 |
| (f) Clean election candidates may continue to collect | 17 |
| contributions of $500 or less from natural persons, 90% of whom | 18 |
| must reside in Illinois, after receiving the maximum amount of | 19 |
| matching funds from the Citizens' Election Fund; | 20 |
| notwithstanding the aforementioned, no natural person may | 21 |
| contribute more than $500 in any given general primary or | 22 |
| general election to one clean election candidate. | 23 |
| Section 13. Creating rules regarding coordination with | 24 |
| candidates.
| 25 |
| (a) A contribution includes anything of value provided in |
|
|
|
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| coordination with a candidate for the purpose of influencing | 2 |
| the outcome of an election. | 3 |
| (b) A coordinated activity is anything of value provided in | 4 |
| coordination with a candidate (or party or agent) to influence | 5 |
| an election, regardless of whether it contains express | 6 |
| advocacy, including payments: in consultation with, or at | 7 |
| request or suggestion of, a candidate, party, or agent; using | 8 |
| candidate-prepared materials; based on information provided by | 9 |
| candidate's campaign for purposes of expenditure; by a spender | 10 |
| who during that election cycle has raised funds or acted in an | 11 |
| official position for a candidate; for communications about | 12 |
| campaign plans, directly or through a party; for in-kind | 13 |
| professional services, directly or through a party, other than | 14 |
| for voter guide mailings; and in coordination with a candidate | 15 |
| to influence election regardless of whether the communication | 16 |
| contains express advocacy.
| 17 |
| Section 14. Contributions in excess of limit. If a | 18 |
| contribution is found to be in excess of $500 during the course | 19 |
| of either the primary or general election cycle, the candidate | 20 |
| shall notify the Board and turn over the excess contribution | 21 |
| within 3 business days to the Citizens' Election Fund, | 22 |
| otherwise: (1) the committee shall not receive any additional | 23 |
| grants or moneys from the fund for the remainder of the | 24 |
| election cycle if the Board determines that the candidate or | 25 |
| campaign treasurer of that committee had knowledge of the |
|
|
|
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| excess contribution, (2) the campaign treasurer shall be | 2 |
| subject to penalties under Article 29 of the Election Code, and | 3 |
| (3) the candidate of that candidate committee shall be deemed | 4 |
| to be a non participating candidate for the purposes of | 5 |
| Sections 1 to 17, inclusive, of this Act if the Board | 6 |
| determines that the candidate or campaign treasurer of that | 7 |
| committee had knowledge of the excess expenditure. The Board | 8 |
| may waive the provisions of this subsection upon determining | 9 |
| that an excess contribution is of minor consequence. The Board | 10 |
| shall adopt rules establishing standards for making such | 11 |
| determinations. | 12 |
| Section 15. Exploratory committee. If a candidate has | 13 |
| established an exploratory committee, the campaign treasurer | 14 |
| of the committee may distribute to the clean election candidate | 15 |
| committee only that portion of such surplus that is | 16 |
| attributable to contributions that meet the criteria for | 17 |
| permissible contributions defined as $5 to $500 and shall | 18 |
| distribute the remainder of such surplus to the Citizens' | 19 |
| Election Fund. | 20 |
| Section 16. Board duties.
The Board has the following | 21 |
| duties: | 22 |
| (a) Annually, to issue a report on the status of the | 23 |
| Citizens' Election Fund during the previous calendar year. Such | 24 |
| report shall include the amount of moneys deposited in the |
|
|
|
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| fund, the sources of moneys received by category, the number of | 2 |
| contributions, the number of contributors, the amount of moneys | 3 |
| expended by category, the recipients of moneys distributed from | 4 |
| the fund, and an accounting of the costs incurred by the Board | 5 |
| in administering the provisions of Sections 1 to 17, inclusive, | 6 |
| of this Act. | 7 |
| (b) To establish and administer a program of voluntary | 8 |
| trainings on the Citizens’ Election Program for candidates and | 9 |
| campaign treasurers.
| 10 |
| (c) Not later than July 1 of the year preceding a general | 11 |
| election, to determine whether the amount of moneys in the fund | 12 |
| is sufficient to carry out the purposes of Sections 1 to 17, | 13 |
| inclusive, of this Act. If the Board determines that such | 14 |
| amount is not sufficient to carry out such purposes, the Board | 15 |
| shall, not later than 3 days after such later determination, | 16 |
| (1) determine the percentage of the fund's obligations that can | 17 |
| be met for such election, (2) recalculate the amount of each | 18 |
| payment that each qualified candidate committee is entitled to | 19 |
| receive under Section 8 of this Act by multiplying such | 20 |
| percentage by the amount that such committee would have been | 21 |
| entitled to receive under Sections 1 to 17, inclusive, of this | 22 |
| Act if there were a sufficient amount of moneys in the fund, | 23 |
| and (3) notify each such committee of such insufficiency, | 24 |
| percentage, and applicable recalculation. After a qualified | 25 |
| candidate committee under Section 8 of this Act first receives | 26 |
| any such recalculated payment, the committee may resume |
|
|
|
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| 1 |
| accepting contributions. The Board shall also issue a report on | 2 |
| that determination.
| 3 |
| Section 17. Application of Act. Candidates may begin | 4 |
| participating under this Act on July 1, 2011 for the 2012 | 5 |
| general primary and general election cycles, unless the Board | 6 |
| declares that the Citizens' Election Fund has insufficient | 7 |
| funds. | 8 |
| Section 85. The Election Code is amended by changing the | 9 |
| heading of Article 9 and Sections 9-1, 9-1.4, and 9-1.5 and by | 10 |
| adding Sections 9-1.16, 9-1.17, 9-1.18, 9-1.19, 9-1.20, | 11 |
| 9-1.21, 9-1.22, 9-1.23, 9-1.24, 9-2.5, 9-2.7, 9-8.5, 9-8.7, | 12 |
| 9-25.1, and 12A-5 as follows: | 13 |
| (10 ILCS 5/Art. 9 heading) | 14 |
| ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN
| 15 |
| CONTRIBUTIONS AND EXPENDITURES
| 16 |
| (10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
| 17 |
| Sec. 9-1. As used in this Article, unless the context | 18 |
| otherwise requires,
the terms defined in Sections 9-1.1 through | 19 |
| 9-1.24
9-1.13 , have the respective
meanings as defined in those | 20 |
| Sections.
| 21 |
| (Source: P.A. 86-873.)
|
|
|
|
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| (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
| 2 |
| Sec. 9-1.4. Contribution.
| 3 |
| (A) "Contribution" means-
| 4 |
| (1) a gift, subscription, donation, dues, loan, | 5 |
| advance, or deposit
of money or anything of value, | 6 |
| knowingly received in
connection with the
nomination for | 7 |
| election, or election, or retention of any person to or in | 8 |
| public office, in
connection with the election of any | 9 |
| person as ward or township committeeman in
counties of | 10 |
| 3,000,000 or more population, or
in
connection with any | 11 |
| question of public policy;
| 12 |
| (1.5) a gift, subscription, donation, dues, loan, | 13 |
| advance, deposit of money, or anything of value that | 14 |
| constitutes an electioneering communication regardless of | 15 |
| whether the communication is made in concert or cooperation | 16 |
| with or at the request, suggestion, or knowledge of a | 17 |
| candidate, a candidate's authorized local political | 18 |
| committee, a State political committee, a political | 19 |
| committee in support of or opposition to a question of | 20 |
| public policy, or any of their agents;
| 21 |
| (2) the purchase of tickets for fund-raising events, | 22 |
| including but
not limited to dinners, luncheons, cocktail | 23 |
| parties, and rallies made in
connection with the nomination | 24 |
| for election, or election, or retention of any person
to or | 25 |
| in public office, in
connection with the election of any | 26 |
| person as ward or
township committeeman in counties of |
|
|
|
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| 3,000,000 or more population, or in
connection with any | 2 |
| question of public policy;
| 3 |
| (3) a transfer of funds between political committees; | 4 |
| and
| 5 |
| (4) the services of an employee donated by an employer, | 6 |
| in which
case the contribution shall be listed in the name | 7 |
| of the employer,
except that any individual services | 8 |
| provided voluntarily and without
promise or expectation of | 9 |
| compensation from any source shall not be deemed
a | 10 |
| contribution; and
but
| 11 |
| (5) any expenditure made in cooperation, consultation, | 12 |
| or concert with the committee, but
| 13 |
| (6)
(5) does not include--
| 14 |
|
(a) the use of real or personal property and the | 15 |
| cost of invitations,
food,
and beverages, voluntarily | 16 |
| provided by an individual in rendering voluntary
| 17 |
| personal services on the individual's residential | 18 |
| premises for
candidate-related
activities; provided | 19 |
| the value of the service provided does not exceed an
| 20 |
| aggregate of $150 in a reporting period;
| 21 |
| (b) (blank);
the sale of any food or beverage by a | 22 |
| vendor for use in a candidate's
campaign at a charge | 23 |
| less than the normal comparable charge, if such charge
| 24 |
| for use in a candidate's campaign is at least equal to | 25 |
| the cost of such
food or beverage to the vendor.
| 26 |
| (c) communications on any subject by a corporation |
|
|
|
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| 1 |
| to its stockholders and executive or administrative | 2 |
| personnel and their families, by a labor organization | 3 |
| to its members and their families, or by an association | 4 |
| to its members and their families; | 5 |
| (d) voter registration and get-out-the-vote | 6 |
| campaigns that make no mention of any clearly | 7 |
| identified candidate, public question, or political | 8 |
| party, or group or combination thereof; | 9 |
| (e) the establishment, administration, and | 10 |
| solicitation of contributions to a separate segregated | 11 |
| fund to be used for political purposes by a | 12 |
| corporation, labor organization, or association; or | 13 |
| (f) a secured loan of money by a national or State | 14 |
| bank or credit union made in accordance with the | 15 |
| applicable banking laws and regulations and in the | 16 |
| ordinary course of business; however, the use, | 17 |
| ownership, or control of any security for such a loan, | 18 |
| if provided by a person other than the candidate or his | 19 |
| or her committee, qualifies as a contribution. | 20 |
| (B) Interest or other investment income, earnings or | 21 |
| proceeds, and refunds or returns of all or part of a | 22 |
| committee's previous expenditures, shall not be considered | 23 |
| contributions for the purposes of Section 9-8.5 but shall be | 24 |
| listed with contributions on disclosure reports required by | 25 |
| this Article.
| 26 |
| (Source: P.A. 94-645, eff. 8-22-05.)
|
|
|
|
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| 1 |
| (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | 2 |
| Sec. 9-1.5. Expenditure defined. | 3 |
| "Expenditure" means-
| 4 |
| (1) a payment, distribution, purchase, loan, advance, | 5 |
| deposit, or
gift of money or anything of value, in
connection | 6 |
| with the nomination
for election, or election, or retention of | 7 |
| any person to or in public office, in connection with
the | 8 |
| election of any person as ward or township committeeman in | 9 |
| counties of
3,000,000 or more population, or in
connection with | 10 |
| any question of public policy.
"Expenditure" also includes a | 11 |
| payment, distribution, purchase, loan,
advance, deposit, or | 12 |
| gift of
money or anything of value that constitutes an | 13 |
| electioneering communication
regardless of whether the | 14 |
| communication is made in concert or cooperation with
or at the | 15 |
| request, suggestion, or knowledge of a candidate, a candidate's
| 16 |
| authorized
local political committee, a State political | 17 |
| committee, a political committee in support of or opposition to | 18 |
| a question of public policy, or any of their
agents.
However, | 19 |
| expenditure does not
include -
| 20 |
| (a) the use of real or personal property and the cost | 21 |
| of invitations,
food,
and beverages, voluntarily provided | 22 |
| by an individual in rendering voluntary
personal services | 23 |
| on the individual's
residential premises for | 24 |
| candidate-related activities; provided the value
of the | 25 |
| service provided does not exceed an aggregate of $150 in a |
|
|
|
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| 1 |
| reporting
period .
;
| 2 |
| (b) the sale of any food or beverage by a vendor for | 3 |
| use in a candidate's
campaign at a charge less than the | 4 |
| normal comparable charge, if such charge
for use in a | 5 |
| candidate's
campaign is at least equal to the cost of such | 6 |
| food or beverage to the vendor.
| 7 |
| (2) a transfer of funds between political committees.
| 8 |
| (3) a payment for electioneering communications.
| 9 |
| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 10 |
| 93-847, eff. 7-30-04.)
| 11 |
| (10 ILCS 5/9-1.16 new) | 12 |
| Sec. 9-1.16. Independent expenditure. "Independent | 13 |
| expenditure" means an expenditure by a person: | 14 |
| (a) expressly advocating the election or defeat of a | 15 |
| clearly identified candidate; and | 16 |
| (b) that is not made in cooperation, consultation, or | 17 |
| concert with or at the request or suggestion or the candidate, | 18 |
| the candidate's authorized political committee or agents, or | 19 |
| agents thereof. | 20 |
| (10 ILCS 5/9-1.17 new) | 21 |
| Sec. 9-1.17. Clearly identified or identifiable. "Clearly | 22 |
| identified" or "clearly identifiable" means that: | 23 |
| (a) the name, voice, image, or likeness of a candidate | 24 |
| appears; or |
|
|
|
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| 1 |
| (b) the identify of the candidate is apparent by | 2 |
| unambiguous reference.
| 3 |
| (10 ILCS 5/9-1.18 new) | 4 |
| Sec. 9-1.18. Regular election period. "Regular election | 5 |
| period" means any of: | 6 |
| (a) the period beginning on January 1 immediately following | 7 |
| the date of the general election for the office to which a | 8 |
| candidate seeks nomination or election and ending the day of | 9 |
| the General primary election for that office; | 10 |
| (b) the period beginning on the day after the general | 11 |
| primary election for the office to which the candidate seeks | 12 |
| nomination or election and ending on the December 31 after the | 13 |
| general election for that office; | 14 |
| (c) the period beginning on the date on which a sitting | 15 |
| judge declares for retention and ending 90 days after the | 16 |
| retention election.
| 17 |
| (10 ILCS 5/9-1.19 new) | 18 |
| Sec. 9-1.19. Municipal election period. "Municipal | 19 |
| election period" means the period beginning on July 1 | 20 |
| immediately following the date of the consolidated primary | 21 |
| election or consolidated election at which the office for which | 22 |
| the candidate seeks nomination or election is filled and ending | 23 |
| on June 30 immediately preceding the date of the next | 24 |
| consolidated primary election for that office, unless the |
|
|
|
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| 1 |
| office is not filled at the consolidated primary election, in | 2 |
| which instance candidates who will seek office in the next | 3 |
| upcoming consolidated election may begin a new municipal | 4 |
| election period the day after the consolidated primary election | 5 |
| and ending on the next June 30. | 6 |
| (10 ILCS 5/9-1.20 new) | 7 |
| Sec. 9-1.20. Labor organization. The term "labor | 8 |
| organization" means any organization of any kind or any agency | 9 |
| or employee representation committee or plan in which employees | 10 |
| participate and that exists for the purpose, in whole or in | 11 |
| part, of dealing with employers concerning grievances, labor | 12 |
| disputes, wages, rates of pay, hours of employment, or | 13 |
| conditions of work. | 14 |
| (10 ILCS 5/9-1.21 new) | 15 |
| Sec. 9-1.21. Corporation. The term "corporation" includes | 16 |
| a limited liability company, partnership, professional | 17 |
| practice, cooperative, or sole proprietorship, whether | 18 |
| organized on a for-profit or non-profit basis. | 19 |
| (10 ILCS 5/9-1.22 new) | 20 |
| Sec. 9-1.22. Association. The term "association" means any | 21 |
| group, club, meeting, collective, membership organization, | 22 |
| collection of persons, any entity organized under Section 501 | 23 |
| or 527 of the Internal Revenue Code, or any other entity other |
|
|
|
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| 1 |
| than a natural person, except that an association does not | 2 |
| include a political committee organized under this Article. | 3 |
| (10 ILCS 5/9-1.23 new) | 4 |
| Sec. 9-1.23. Earmarked. The term "earmarked" means a | 5 |
| designation, instruction, or encumbrance, whether direct or | 6 |
| indirect, express or implied, oral or written, that results in | 7 |
| all or any part of a contribution or expenditure being made to, | 8 |
| or expended on behalf of, a clearly identified candidate a | 9 |
| candidate's designated committee, or a committee in support of | 10 |
| or opposition to a public question. | 11 |
| (10 ILCS 5/9-1.24 new) | 12 |
| Sec. 9-1.24. Conduit and intermediary. The terms "conduit" | 13 |
| and "intermediary" are interchangeable and mean any person who | 14 |
| receives a contribution earmarked by the contributor to be | 15 |
| forwarded or transmitted to another. | 16 |
| (10 ILCS 5/9-2.5 new) | 17 |
| Sec. 9-2.5. Single political committee. | 18 |
| (a) Except as provided by this Section, no public official | 19 |
| or candidate for public office may establish more than one | 20 |
| political committee for each office that public official or | 21 |
| candidate occupies or is seeking. | 22 |
| (b) A public official with one or more pre-existing | 23 |
| committees bound by the limits of any subsection of Section |
|
|
|
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| 1 |
| 9-8.5 considering a candidacy for any office covered by the | 2 |
| limits of any different subsection of Section 9-8.5 must form a | 3 |
| new committee, to be termed an exploratory committee. A | 4 |
| pre-existing committee created for the primary purpose of | 5 |
| aiding that candidate's election to other offices that ceases | 6 |
| all fundraising after the creation of an exploratory committee | 7 |
| may transfer funds without limit to an exploratory committee. | 8 |
| Should the candidate decide against running for the new office, | 9 |
| fail to qualify for the ballot at the next election, or lose | 10 |
| the next election, any remaining funds held by the exploratory | 11 |
| committee shall be returned to contributors or donated to | 12 |
| charity, and the committee shall be closed, within 90 days. | 13 |
| (c) The public officials elected President of the Senate, | 14 |
| Minority Leader of the Senate, Speaker of the House of | 15 |
| Representatives, and Minority Leader of the House of | 16 |
| Representatives may each establish and operate one additional | 17 |
| political committee for the purpose of supporting the election | 18 |
| of candidates to the General Assembly. The committees provided | 19 |
| for in this subsection (c) shall not be considered established | 20 |
| by the President of the Senate, Minority Leader of the Senate, | 21 |
| Speaker of the House of Representatives, or Minority Leader of | 22 |
| the House of Representatives for purposes of Section 9-8.5.
| 23 |
| (10 ILCS 5/9-2.7 new) | 24 |
| Sec. 9-2.7. Political committee designations. | 25 |
| (a) Candidate committees. |
|
|
|
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| 1 |
| (1) Each candidate shall designate in writing one and | 2 |
| only one political committee to serve as the political | 3 |
| committee of the candidate. The designation shall be made | 4 |
| no later than 15 days after becoming a candidate or | 5 |
| establishing the committee and shall be filed with the | 6 |
| State Board of Election. Any committee so designated may, | 7 |
| within 10 business days after notification of the | 8 |
| designation, reject the designation. If a committee | 9 |
| rejects a candidate designation, the committee must return | 10 |
| to donors any funds raised as a result of the designation, | 11 |
| and the candidate must create and designate a new committee | 12 |
| within 5 business days after the rejection. | 13 |
| (2) The name of the designated committee shall include | 14 |
| the name of the candidate who authorized the committee | 15 |
| under paragraph (1). No political committee that is not an | 16 |
| authorized candidate committee may include the full name of | 17 |
| that candidate in its name. | 18 |
| (b) Party committees. | 19 |
| (1) Any political organization or party may designate | 20 |
| in writing one and only one political committee to serve as | 21 |
| the political committee of the party for elections to State | 22 |
| or local office. The designation shall be made no later | 23 |
| than 15 days after the effective date of this amendatory | 24 |
| Act of the 96th General Assembly, or 15 days after | 25 |
| formation of the committee, and shall be filed with the | 26 |
| State Board of Election. The designation of a party |
|
|
|
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| 1 |
| committee may be changed only upon the replacement of the | 2 |
| party chairman. | 3 |
| (2) The name of the designated committee shall include | 4 |
| the name of the party that authorized the committee under | 5 |
| paragraph (1). No political committee that is not an | 6 |
| authorized party committee may include the full name of | 7 |
| that party in its name. | 8 |
| (c) Caucus committees. | 9 |
| (1) The public officials elected President of the | 10 |
| Senate, Minority Leader of the Senate, Speaker of the House | 11 |
| of Representatives, and Minority Leader of the House of | 12 |
| Representatives may each designate in writing one and only | 13 |
| one political committee to serve as the political committee | 14 |
| of his or her caucus. The designation shall be made no | 15 |
| later than 15 days after the start of the General Assembly, | 16 |
| and shall be filed with the State Board of Election. The | 17 |
| designation of a caucus committee may not be changed, | 18 |
| revoked, or altered until the start of the next General | 19 |
| Assembly unless the person elected to the office authorized | 20 |
| to designate the caucus committee also changes; the new | 21 |
| leader may designate a new committee within 15 days after | 22 |
| taking office. All contributions from all committees | 23 |
| designated the caucus committee for a particular caucus | 24 |
| made during a single election period shall be aggregated | 25 |
| for the purposes of Section 9-8.5. | 26 |
| (2) The name of the designated committee shall include |
|
|
|
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| 1 |
| a clear and unambiguous reference to the caucus that | 2 |
| authorized the committee under paragraph (1). No political | 3 |
| committee that is not an authorized caucus committee may | 4 |
| include the name of that caucus in its name. | 5 |
| (d) All designations, statements, and reports required to | 6 |
| be filed under this Section shall be filed with the Board. The | 7 |
| Board shall retain and make the designations, statements, and | 8 |
| reports received under this Section available for public | 9 |
| inspection and copying in the same manner as statements of | 10 |
| organization.
| 11 |
| (10 ILCS 5/9-8.5 new) | 12 |
| Sec. 9-8.5. Limitation on contributions. | 13 |
| (a) It shall be unlawful for any person to make | 14 |
| contributions to a political committee except as provided in | 15 |
| this Section. | 16 |
| (b) For political committees designated by a candidate for | 17 |
| legislative office: | 18 |
| (1) Natural persons may contribute no more than $2,300 | 19 |
| during any regular election period in which the candidate | 20 |
| who designated the committee is seeking nomination or | 21 |
| election. | 22 |
| (2) Political committees established by a State | 23 |
| political party may contribute not more than $30,000 during | 24 |
| the regular election period that includes the general | 25 |
| election in which the candidate who designated the |
|
|
|
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| 1 |
| committee is seeking election; provided that all | 2 |
| committees established by a State political party, under | 3 |
| State or federal law, shall be considered as one committee | 4 |
| for the purpose of this Section. | 5 |
| (3) Political committees established by a partisan | 6 |
| legislative caucus may contribute not more than $30,000 | 7 |
| during any regular election period in which the candidate | 8 |
| who designated the committee is seeking nomination or | 9 |
| election. | 10 |
| (4) Any other political committee not designated or | 11 |
| controlled by the candidate may contribute no more than | 12 |
| $5,000 during a regular election period in which the | 13 |
| candidate who designated the committee is seeking | 14 |
| nomination or election. | 15 |
| (5) A corporation, labor organization, or association | 16 |
| may contribute from its own treasuries no more than $5,000 | 17 |
| during each election period. All contributions from | 18 |
| associated entities, including political committees for | 19 |
| which the corporation, labor organization, or association | 20 |
| is the sponsoring entity, shall be aggregated for the | 21 |
| purposes of this Section.
| 22 |
| (c) For political committees designated by a candidate for | 23 |
| a local office or for ward or township committeeman in counties | 24 |
| of 3,000,000 or more population: | 25 |
| (1) Natural persons may contribute no more than $2,300 | 26 |
| during any regular election period in which the candidate |
|
|
|
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| 1 |
| who designated the committee is seeking nomination or | 2 |
| election. | 3 |
| (2) The candidate may designate one and only one | 4 |
| political party whose political committees may contribute | 5 |
| not more than $10,000 during the regular election period | 6 |
| that includes the general election in which the candidate | 7 |
| who designated the committee is seeking election; provided | 8 |
| that all committees established by the political party, | 9 |
| under State or federal law, shall be considered as one | 10 |
| committee for the purpose of this Section. | 11 |
| (3) Any other political committee not designated or | 12 |
| controlled by the candidate may contribute no more than | 13 |
| $5,000 during a regular election period in which the | 14 |
| candidate who designated the committee is seeking | 15 |
| nomination or election. | 16 |
| (3.5) A corporation, labor organization, or | 17 |
| association may contribute from its own treasuries no more | 18 |
| than $5,000 during each election period. All contributions | 19 |
| from associated entities, including political committees | 20 |
| for which the corporation, labor organization, or | 21 |
| association is the sponsoring entity, shall be aggregated | 22 |
| for the purposes of this Section.
| 23 |
| (4) Committees designated by one or more candidates for | 24 |
| any office required to file a statement of economic | 25 |
| interests with a county clerk may select to follow the | 26 |
| municipal election calendar. Committees that select to |
|
|
|
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| 1 |
| follow the municipal election calendar must make that | 2 |
| decision at least 18 months prior to the next consolidated | 3 |
| primary election or within 30 days after creation. The | 4 |
| selection to follow the municipal election calendar is | 5 |
| irrevocable. For committees that select to follow the | 6 |
| municipal election calendar: | 7 |
| (A) Natural persons may contribute no more than | 8 |
| $2,300 during any Municipal election period in which | 9 |
| the candidate who designated the committee is seeking | 10 |
| nomination or election. | 11 |
| (B) The candidate may designate one and only one | 12 |
| political party whose political committees may | 13 |
| contribute not more than $10,000 during the regular | 14 |
| election period that includes the consolidated | 15 |
| election in which the candidate who designated the | 16 |
| committee is seeking election; provided that all | 17 |
| committees established by the political party, under | 18 |
| State or federal law, shall be considered as one | 19 |
| committee for the purpose of this Section. | 20 |
| (C) Any other political committee not designated | 21 |
| or controlled by the candidate may contribute no more | 22 |
| than $5,000 during any municipal election period in | 23 |
| which the candidate who designated the committee is | 24 |
| seeking nomination or election. | 25 |
| (D) A corporation, labor organization, or | 26 |
| association may contribute from its own treasuries no |
|
|
|
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|
| 1 |
| more than $5,000 during each election period. All | 2 |
| contributions from associated entities, including | 3 |
| political committees for which the corporation, labor | 4 |
| organization, or association is the sponsoring entity, | 5 |
| shall be aggregated for the purposes of this Section.
| 6 |
| (d) For political committees designated by a candidate for | 7 |
| State office, other than for legislative or statewide office: | 8 |
| (1) Natural persons may contribute no more than $2,300 | 9 |
| during any regular election period in which the candidate | 10 |
| who designated the committee is seeking nomination, | 11 |
| election, or retention. | 12 |
| (2) The candidate may designate one and only one | 13 |
| political party whose political committees may contribute | 14 |
| not more than $10,000 during the regular election period | 15 |
| that includes the general election in which the candidate | 16 |
| who designated the committee is seeking election; provided | 17 |
| that all committees established by the political party, | 18 |
| under State or federal law, shall be considered as one | 19 |
| committee for the purpose of this Section. | 20 |
| (3) Any other political committee not designated or | 21 |
| controlled by the candidate may contribute no more than | 22 |
| $5,000 during a regular election period in which the | 23 |
| candidate who designated the committee is seeking | 24 |
| nomination, election, or retention. | 25 |
| (4) A corporation, labor organization, or association | 26 |
| may contribute from its own treasuries no more than $5,000 |
|
|
|
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|
| 1 |
| during each election period. All contributions from | 2 |
| associated entities, including political committees for | 3 |
| which the corporation, labor organization, or association | 4 |
| is the sponsoring entity, shall be aggregated for the | 5 |
| purposes of this Section.
| 6 |
| (e) For political committees designated by a candidate for | 7 |
| statewide office: | 8 |
| (1) Natural persons may contribute no more than $2,300 | 9 |
| during any regular election period. | 10 |
| (2) The candidate may designate one and only one | 11 |
| political party whose political committees may contribute | 12 |
| not more than $125,000 during the regular election period | 13 |
| that includes the general election in which the candidate | 14 |
| who designated the committee is seeking election; provided | 15 |
| that all committees established by the political party, | 16 |
| under State or federal law, shall be considered as one | 17 |
| committee for the purpose of this Section. | 18 |
| (3) Any other political committee not designated or | 19 |
| controlled by the candidate may contribute no more than | 20 |
| $5,000 during a regular election period. | 21 |
| (4) A corporation, labor organization, or association | 22 |
| may contribute from its own treasuries no more than $5,000 | 23 |
| during each election period. All contributions from | 24 |
| associated entities, including political committees for | 25 |
| which the corporation, labor organization, or association | 26 |
| is the sponsoring entity, shall be aggregated for the |
|
|
|
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|
| 1 |
| purposes of this Section.
| 2 |
| (f) For political committees designated by an established | 3 |
| political party: | 4 |
| (1) Natural persons may contribute no more than $2,300 | 5 |
| during any regular election period during which any | 6 |
| candidate actively supported by the party is seeking | 7 |
| nomination or election. | 8 |
| (2) Any other political committee may contribute no | 9 |
| more than $5,000 during any regular election period during | 10 |
| which any candidate actively supported by the party is | 11 |
| seeking nomination or election. | 12 |
| (3) A corporation, labor organization, or association | 13 |
| may contribute from its own treasuries no more than $5,000 | 14 |
| during each election period. All contributions from | 15 |
| associated entities, including political committees for | 16 |
| which the corporation, labor organization, or association | 17 |
| is the sponsoring entity, shall be aggregated for the | 18 |
| purposes of this Section.
| 19 |
| (g) For political committees designated by a legislative | 20 |
| caucus: | 21 |
| (1) Natural persons may contribute no more than $2,300 | 22 |
| during any regular election period during which any | 23 |
| candidate actively supported by the caucus is seeking | 24 |
| nomination or election. | 25 |
| (2) Any other political committee may contribute no | 26 |
| more than $5,000 during any regular election period during |
|
|
|
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| 1 |
| which any candidate actively supported by the caucus is | 2 |
| seeking nomination or election. | 3 |
| (3) A corporation, labor organization, or association | 4 |
| may contribute from its own treasuries no more than $5,000 | 5 |
| during each election period. All contributions from | 6 |
| associated entities, including political committees for | 7 |
| which the corporation, labor organization, or association | 8 |
| is the sponsoring entity, shall be aggregated for the | 9 |
| purposes of this Section.
| 10 |
| (h) For any other political committee, natural persons may | 11 |
| contribute no more than $2,300 during any period beginning on | 12 |
| January 1 of an odd-numbered year and ending on December 31 of | 13 |
| an even-numbered year. A corporation, labor organization, | 14 |
| association, or other political committee may contribute no | 15 |
| more than $5,000 during each election period. All contributions | 16 |
| from associated entities, including political committees for | 17 |
| which the corporation, labor organization, or association is | 18 |
| the sponsoring entity, shall be aggregated for the purposes of | 19 |
| this Section. | 20 |
| (i) Nothing in this Section shall prohibit political | 21 |
| committees from dividing the proceeds of joint fund raising | 22 |
| efforts; provided that no political committee may receive more | 23 |
| than the limit from any one donor and all donations shall be | 24 |
| listed as from their true origin. | 25 |
| (j) No natural person, corporation, labor organization, or | 26 |
| association
may contribute in aggregate more than $80,000 to |
|
|
|
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| 1 |
| political committees during any period beginning on January 1 | 2 |
| of an odd-numbered year and ending on December 31 of an | 3 |
| even-numbered year. | 4 |
| (k) On January 1 of every odd-numbered year, the State | 5 |
| Board of Elections shall adjust the limits established in | 6 |
| subsections (b), (c), (d), (f), (g), (h), and (j) for inflation | 7 |
| as determined by the Consumer Price Index for All Urban | 8 |
| Consumers as issued by the United States Department of Labor | 9 |
| and rounded to the nearest $100. | 10 |
| (l) In any instance where a corporation and any of its | 11 |
| subsidiaries, branches, divisions, departments, or local | 12 |
| units; a labor organization and any of its subsidiaries, | 13 |
| branches, divisions, departments, or local units; or an | 14 |
| association or any of its affiliates, subsidiaries, branches, | 15 |
| divisions, departments, or local units contribute to one or | 16 |
| more political committees or establish, maintain, or control | 17 |
| more than one separate segregated fund qualified as a political | 18 |
| committee, all of the related contributing entities
shall be | 19 |
| treated as a single contributing entity
for the purposes of the | 20 |
| limitations provided by this Section. | 21 |
| (m) Expenditures. | 22 |
| (1) Expenditures made by any person in cooperation, | 23 |
| consultation, or concert with a candidate, his or her | 24 |
| authorized committee, or their agents, shall be considered | 25 |
| a contribution to the candidate's designated political | 26 |
| committee for the purpose of this Section. |
|
|
|
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| 1 |
| (2) The financing by any person of the dissemination, | 2 |
| distribution, or republication, in whole or in part, of any | 3 |
| broadcast or any written, graphic, or other form of | 4 |
| campaign materials prepared by the candidate, his or her | 5 |
| political committee, or their authorized agents shall be | 6 |
| considered to be a contribution to the candidate's | 7 |
| designated political committee for the purposes of this | 8 |
| Section. | 9 |
| (n) For the purposes of the limitations designated by this | 10 |
| Section, all contributions made by a person, either directly or | 11 |
| indirectly, to a particular candidate, including contributions | 12 |
| that are in any way earmarked or otherwise directed through an | 13 |
| intermediary or conduit to a candidate's committee, shall be | 14 |
| treated as contributions from the person to the candidate's | 15 |
| committee. The intermediary or conduit shall report the | 16 |
| original source and the intended recipient of the contribution | 17 |
| to the Board and to the intended recipient within 10 days after | 18 |
| the person made the contribution, or upon transmittal to the | 19 |
| candidate, whichever is earlier. A conduit's or intermediary's | 20 |
| contribution limits are not affected by the forwarding of an | 21 |
| earmarked contribution except where the conduit or | 22 |
| intermediary exercises any direction or control over the choice | 23 |
| of the recipient. Any person who is prohibited from making | 24 |
| contributions or expenditures in connection with a candidate or | 25 |
| public question shall be prohibited from acting as a conduit | 26 |
| for contributions earmarked for that candidate or public |
|
|
|
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|
| 1 |
| question, and any person who is prohibited from acting as a | 2 |
| conduit who receives an earmarked contribution shall return | 3 |
| that contribution to the contributor without transmitting or | 4 |
| forwarding it to the committee of the candidate or public | 5 |
| question. | 6 |
| (o) No candidate or political committee shall knowingly | 7 |
| accept any contribution or make any expenditure in violation of | 8 |
| the provisions of this Section. No officer or employee of a | 9 |
| political committee shall knowingly accept a contribution made | 10 |
| for the benefit or use of a candidate or knowingly make any | 11 |
| expenditure on behalf of a candidate in violation of any | 12 |
| limitation designated for contributions and expenditures under | 13 |
| this Section. | 14 |
| (p) Multiple designations. | 15 |
| (1) No committee may accept donations larger than those | 16 |
| specified in this Section, regardless of the number of | 17 |
| candidates that may designate that committee under Section | 18 |
| 9-2.7. | 19 |
| (2) Any committee designated by candidates who | 20 |
| individually qualify under different subsections of this | 21 |
| Section shall be bound by the lower limit. | 22 |
| (q) Complaints. | 23 |
| (1) The Board shall receive complaints alleging | 24 |
| violations of this Section. The Board may bring complaints | 25 |
| and investigations on its own initiative when the Board has | 26 |
| reason to believe that a violation of this Section has |
|
|
|
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|
| 1 |
| occurred. | 2 |
| (2) Upon receipt of a complaint, the Board shall hold a | 3 |
| closed preliminary hearing to determine whether or not the | 4 |
| complaint appears to have been filed on justifiable | 5 |
| grounds. Such closed preliminary hearing shall be | 6 |
| conducted as soon as practicable after affording | 7 |
| reasonable notice, a copy of the complaint, and an | 8 |
| opportunity to testify at such hearing to both the person | 9 |
| making the complaint and the person against whom the | 10 |
| complaint is directed. If the Board determines that the | 11 |
| complaint has not been filed on justifiable grounds, it | 12 |
| shall issue a written order to dismiss the complaint | 13 |
| without further hearing, specifying the defect in the | 14 |
| original complaint. | 15 |
| (3) The Board shall have the authority to promulgate | 16 |
| procedural rules governing the filing and hearing of | 17 |
| complaints under this Section that are not inconsistent | 18 |
| with this Section. | 19 |
| (4) In addition to any other penalties authorized by | 20 |
| this Article, the State Board of Elections, any political | 21 |
| committee, or any person may apply to the circuit court for | 22 |
| a temporary restraining order or a preliminary or permanent | 23 |
| injunction against a political committee or any other | 24 |
| entity to cease the expenditure of funds in violation of | 25 |
| this Section and to cease operations until the Board | 26 |
| determines that the committee or entity is in compliance |
|
|
|
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|
| 1 |
| with this Section. | 2 |
| (r) Penalties. | 3 |
| (1) Any person who violates this Section shall be fined | 4 |
| the greater of $10,000 or 3 times the value of the excess | 5 |
| contribution or expenditure. | 6 |
| (2) The State Board of Elections shall assess a penalty | 7 |
| of up to $5,000 for each violation against the recipient of | 8 |
| any contribution in violation of this Section if the | 9 |
| recipient knew that the donation was in violation of this | 10 |
| Section. For purposes of this Section, a recipient knew | 11 |
| that the donation was in violation of this Section if the | 12 |
| candidate, the committee chairman or treasurer, or any | 13 |
| natural person paid to perform regular campaign tasks knew | 14 |
| that the donation was in violation of this Section.
| 15 |
| (10 ILCS 5/9-8.7 new) | 16 |
| Sec. 9-8.7. Soliciting of contributions by associations, | 17 |
| corporations, or labor organizations. | 18 |
| (a) It is unlawful for any person affiliated in any way | 19 |
| with a corporation knowingly soliciting an employee of that | 20 |
| corporation for a contribution to a political committee to fail | 21 |
| to inform the employee at the time of the solicitation of the | 22 |
| political purposes of the fund. It is unlawful for any person | 23 |
| affiliated in any way with a labor organization or association | 24 |
| knowingly soliciting an member of that labor organization or | 25 |
| association for a contribution to a political committee to fail |
|
|
|
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|
| 1 |
| to inform the member at the time of the solicitation of the | 2 |
| political purposes of the fund. | 3 |
| (b) It is unlawful for any person affiliated in any way | 4 |
| with a corporation knowingly soliciting an employee of that | 5 |
| corporation for a contribution to a political committee to fail | 6 |
| to inform the employee at the time of the solicitation of the | 7 |
| employee's right to refuse to contribute without any reprisal. | 8 |
| It is unlawful for any person affiliated in any way with a | 9 |
| labor organization or association knowingly soliciting any | 10 |
| member of the same labor organization or association for a | 11 |
| contribution to a political committee to fail to inform the | 12 |
| employee at the time of the solicitation of the employee's | 13 |
| right to refuse to contribute without any reprisal. | 14 |
| (c) Complaints. | 15 |
| (1) The Board shall receive complaints alleging | 16 |
| violations of this Section. The Board may bring complaints | 17 |
| and investigations on its own initiative when the Board has | 18 |
| reason to believe that a violation of this Section has | 19 |
| occurred. | 20 |
| (2) Upon receipt of a complaint, the Board shall hold a | 21 |
| closed preliminary hearing to determine whether or not the | 22 |
| complaint appears to have been filed on justifiable | 23 |
| grounds. Such closed preliminary hearing shall be | 24 |
| conducted as soon as practicable after affording | 25 |
| reasonable notice, a copy of the complaint, and an | 26 |
| opportunity to testify at such hearing to both the person |
|
|
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| making the complaint and the person against whom the | 2 |
| complaint is directed. If the Board determines that the | 3 |
| complaint has not been filed on justifiable grounds, it | 4 |
| shall issue a written order to dismiss the complaint | 5 |
| without further hearing, specifying the defect in the | 6 |
| original complaint. | 7 |
| (3) The Board shall have the authority to promulgate | 8 |
| procedural rules governing the filing and hearing of | 9 |
| complaints under this Section that are not inconsistent | 10 |
| with this Section. | 11 |
| (4) In addition to any other penalties authorized by | 12 |
| this Article, the State Board of Elections, any political | 13 |
| committee, or any person may apply to the circuit court for | 14 |
| a temporary restraining order or a preliminary or permanent | 15 |
| injunction against a political committee or any other | 16 |
| entity to cease the expenditure of funds in violation of | 17 |
| this Section and to cease operations until the Board | 18 |
| determines that the committee or entity is in compliance | 19 |
| with this Section. | 20 |
| (d) Penalties. Any person who violates this Section shall | 21 |
| be fined $200 for each person improperly solicited. | 22 |
| Contributions received from any donor within 6 months after an | 23 |
| improper solicitation of that donor must be returned to the | 24 |
| donor.
| 25 |
| (10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch. |
|
|
|
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| 46, pars. 102, 103 and 104)
| 2 |
| Sec. 9-25.1. Election interference.
| 3 |
| (a) As used in this Section, "public funds" means any funds | 4 |
| appropriated
by the Illinois General Assembly or by any | 5 |
| political subdivision of the
State of Illinois.
| 6 |
| (b) Except as otherwise provided by statute, rule, or | 7 |
| ordinance, no No public funds shall be used to urge any elector | 8 |
| to vote for or
against any candidate or proposition, or be | 9 |
| appropriated for political or
campaign purposes to any | 10 |
| candidate or political organization. This Section
shall not | 11 |
| prohibit the use of public funds for dissemination of factual
| 12 |
| information relative to any proposition appearing on an | 13 |
| election ballot,
or for dissemination of information and | 14 |
| arguments published and distributed
under law in connection | 15 |
| with a proposition to amend the Constitution
of the State of | 16 |
| Illinois.
| 17 |
| (c) The first time any person violates any provision of | 18 |
| this Section, that
person shall be guilty of a Class B | 19 |
| misdemeanor. Upon the second or any
subsequent violation of any | 20 |
| provision of this Section, the person violating
any provision | 21 |
| of this Section shall be guilty of a Class A misdemeanor.
| 22 |
| (Source: P.A. 87-1052.)
| 23 |
| (10 ILCS 5/12A-5)
| 24 |
| Sec. 12A-5. Internet Guide.
The Board shall publish, no | 25 |
| later than the 45th day before each a general election
in which |
|
|
|
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| a
statewide candidate appears on the ballot , an Internet | 2 |
| website with the
following
information:
| 3 |
| (1) The date and time of the general election.
| 4 |
| (2) Requirements for a citizen to qualify as an | 5 |
| elector.
| 6 |
| (3) The deadline for registering as an elector in the | 7 |
| State of Illinois
for
the next
election.
| 8 |
| (4) Contact information for local election | 9 |
| authorities.
| 10 |
| (5) A description of the following offices, when they | 11 |
| appear on the
ballot,
including their term of office, basic | 12 |
| duties, and base salary: United States
President,
United | 13 |
| States Senator, United States Representative, Governor, | 14 |
| Lieutenant
Governor,
Attorney
General, Secretary of State, | 15 |
| Treasurer, Comptroller, Illinois Supreme Court Judge, and | 16 |
| Illinois Appellate Court Judge , State Senator, and State | 17 |
| Representative . The Board shall not include information on | 18 |
| any office other than the offices listed in this item (5).
| 19 |
| (6) The names and party affiliations of qualified | 20 |
| candidates for the
following
offices, when these offices | 21 |
| appear on the ballot: United States President,
United | 22 |
| States
Senator, United States Representative, Governor, | 23 |
| Lieutenant Governor, Attorney
General,
Secretary of State, | 24 |
| Treasurer, Comptroller, Illinois Supreme Court Judge, and | 25 |
| Illinois Appellate Court Judge , State Senator, and State | 26 |
| Representative . The Board shall not include information on |
|
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| candidates for any office other than the offices listed in | 2 |
| this item (6).
| 3 |
| (7) Challenged candidates. Where a candidate's right | 4 |
| to appear on the
general
election ballot has been | 5 |
| challenged, and any appeal remains pending regarding
those
| 6 |
| challenges, the challenged candidate may appear on the | 7 |
| Internet Guide, subject
to the
other provisions of Section | 8 |
| 12A-10. In this instance, the Board may note that
the
| 9 |
| candidate's
candidacy has been challenged and that he or | 10 |
| she may be removed from the
ballot prior
to election day. | 11 |
| If the candidate is removed from the ballot prior to | 12 |
| election
day, the
Board shall remove the candidate's name | 13 |
| and other information from the Internet
Guide.
| 14 |
| (8) Any personal statement and photograph submitted by | 15 |
| a candidate named
in
the
Internet Guide, subject to | 16 |
| Sections 12A-10 and 12A-35.
| 17 |
| (9) A means by which an elector may determine what type | 18 |
| of balloting
equipment
is used by his or her local election | 19 |
| authority, and the instructions for
properly
using that
| 20 |
| equipment.
| 21 |
| (10) The text of any public question that may appear on | 22 |
| the ballot.
| 23 |
| (11) A mechanism by which electors may determine in | 24 |
| which congressional and judicial districts they reside. | 25 |
| The Internet Guide shall allow
visitors to
search for | 26 |
| candidates by office (e.g., Governor or United States |
|
|
|
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| Senator) and
candidate's name.
| 2 |
| (12) Information concerning how to become an election | 3 |
| judge.
| 4 |
| (13) A list of the clean election candidates in that | 5 |
| general election. | 6 |
| The Board shall archive the contents of the Internet Guide | 7 |
| for a period of at
least 5
years.
| 8 |
| In addition, the Board has the discretion to publish a | 9 |
| voters' guide before a general primary election in the manner | 10 |
| provided in this Article.
| 11 |
| (Source: P.A. 94-645, eff. 8-22-05.) | 12 |
| Section 90. The State Finance Act is amended by adding | 13 |
| Section 5.719 as follows: | 14 |
| (30 ILCS 105/5.719 new) | 15 |
| Sec. 5.719. The Citizens' Election Fund. | 16 |
| Section 95. The Illinois Income Tax Act is amended by | 17 |
| adding Section 507SS as follows: | 18 |
| (35 ILCS 5/507SS new) | 19 |
| Sec. 507SS. Citizens' Election Fund. The Department shall | 20 |
| print on its standard individual income tax form a provision | 21 |
| indicating that if the taxpayer wishes to contribute to the | 22 |
| Citizens' Election Fund, he or she may do so by stating the |
|
|
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| 1 |
| amount of the contribution (not less than $1) on the return and | 2 |
| that the contribution will reduce the taxpayer's refund or | 3 |
| increase the amount of payment to accompany the return. Failure | 4 |
| to remit any amount of increased payment shall reduce the | 5 |
| contribution accordingly. This Section shall not apply to any | 6 |
| amended return.
| 7 |
| Section 97. Severability. The provisions of this Act are | 8 |
| severable under Section 1.31 of the Statute on Statutes.
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
|
|